Liberia's Constitution of 1986 - Constitute Project
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Liberia's Constitution of 1986
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.constituteproject.org PDF generated: 12 Aug 2019, 20:06
Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Chapter I: Structure of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Chapter II: General Principles of National Policy . . . . . . . . . . . . . . . . . . . . . . . . . 4
CHAPTER III: FUNDAMENTAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter IV: Citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Chapter V: The Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Chapter IV: The Executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter VII: The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter VIII: Political Parties and Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Chapter IX: Emergency Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Chapter X: Autonomous Public Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Chapter XI: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Chapter XII: Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter XIII: Transitional Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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• Source of constitutional authority
• Motives for writing constitution
Preamble
• Preamble
We the People of the Republic of Liberia:
• God or other deities Acknowledging our devout gratitude to God for our existence as a Free, Sovereign
and Independent State, and relying on His Divine Guidance for our survival as a
Nation;
• Reference to country's history Realizing from many experiences during the course of our national existence which
culminated in the Revolution of April 12, 1980, when our Constitution of July 26,
1847 was suspended, that all of our people, irrespective of history, tradition, creed,
or ethnic background are of one common body politic;
• Reference to fraternity/solidarity Exercising our natural, inherent and inalienable rights to establish a framework of
government for the purpose of promoting unity, liberty, peace, stability, equality,
justice and human rights under the rule of law, with opportunities for political, social,
moral, spiritual and cultural advancement of our society, for ourselves and for our
posterity; and
• Regional group(s) Having resolved to live in harmony, to practice fraternal love, tolerance and
understanding as a people and being fully mindful of our obligation to promote
African unity and international peace and cooperation,
Do hereby solemnly make, establish, proclaim, and publish this Constitution for the
governance of the Republic of Liberia.
Chapter I: Structure of the State
• Right to overthrow government Article 1
All power is inherent in the people. All free governments are instituted by their
authority and for their benefit and they have the right to alter and reform the same
when their safety and happiness so require. In order to ensure democratic
government which responds to the wishes of the governed, the people shall have the
right at such period, and in such manner as provided for under this Constitution, to
cause their public servants to leave office and to fill vacancies by regular elections
and appointments.
Article 2
• Binding effect of const rights 1. This Constitution is the supreme and fundamental law of Liberia and its
provisions shall have binding force and effect on all authorities and persons
throughout the Republic.
• Constitutional interpretation 2. Any laws, treaties, statutes, decrees, customs and regulations found to be
• International law
• Legal status of treaties inconsistent with it shall, to the extent of the inconsistency, be void and of no
• Constitutionality of legislation
legal effect. The Supreme Court, pursuant to its power of judicial review, is
empowered to declare any inconsistent laws unconstitutional.
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• Claim of executive independence
• Type of government envisioned
Article 3
Liberia is a unitary sovereign state divided into counties for administrative purposes.
The form of government is Republican with three separate coordinate branches: the
legislative, the Executive and Judiciary. Consistent with the principles of separation
of powers and checks and balances, no person holding office in one of these branches
shall hold office in or exercise any of the powers assigned to either of the other two
branches except as otherwise provided in this Constitution; and no person holding
office in one of the said branches shall serve on any autonomous public agency.
Chapter II: General Principles of National
Policy
Article 4
The principles contained in this Chapter shall be fundamental in the governance of
the Republic and shall serve as guidelines in the formulation of legislative, executive
and administrative directives, policy-making and their execution.
• Integration of ethnic communities Article 5
The Republic shall:
a. aim at strengthening the national integration and unity of the people of
Liberia, regardless of ethnic, regional or other differences, into one body
politic; and the Legislature shall enact laws promoting national unification
and the encouragement of all citizens to participate in government;
• Right to culture b. preserve, protect and promote positive Liberian culture, ensuring that
traditional values which are compatible with public policy and national
progress are adopted and developed as an integral part of the growing
needs of the Liberian society;
c. take steps, by appropriate legislation and executive orders, to eliminate
sectionalism and tribalism, and such abuses of power as the misuse of
government resources, nepotism and all other corrupt practices.
• Access to higher education Article 6
The Republic shall, because of the vital role assigned to the individual citizen under
this Constitution for the social, economic and political well being of Liberia, provide
equal access to educational opportunities and facilities for all citizens to the extent
of available resources. Emphasis shall be placed on the mass education of the
Liberian people and the elimination of illiteracy.
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• Ownership of natural resources Article 7
The Republic shall, consistent with the principles of individual freedom and social
justice enshrined in this Constitution, manage the national economy and the natural
resources of Liberia in such manner as shall ensure the maximum feasible
participation of Liberian citizens under conditions of equality as to advance the
general welfare of the Liberian people and the economic development of Liberia.
• Right to health care
• Right to work
Article 8
• Right to safe work environment
The Republic shall direct its policy towards ensuring for all citizens, without
discrimination, opportunities for employment and livelihood under just and humane
conditions, and towards promoting safety, health and welfare facilities in
employment.
Article 9
The Republic shall encourage the promotion of bilateral and regional cooperation
between and among Liberian and other nations and the formation and maintenance
of regional organizations aimed at the cultural, social, political and economic
development of the peoples of Africa and other nations of the world.
Article 10
The Republic shall ensure the publication and dissemination of this Constitution
throughout the Republic and the teaching of its principles and provisions in all
institutions of learning in Liberia.
CHAPTER III: FUNDAMENTAL RIGHTS
• General guarantee of equality Article 11
• Inalienable rights a. All persons are born equally free and independent and have certain natural,
• Right to life
inherent and inalienable rights, among which are the right of enjoying and
defending life and liberty, of pursuing and maintaining and security of the person
and of acquiring, possessing and protecting property, subject to such
qualifications as provided for in this Constitution.
• Equality regardless of gender b. All persons, irrespective of ethnic background, race, sex, creed, place of origin or
• Equality regardless of creed or belief
• Equality regardless of political party political opinion, are entitled to the fundamental rights and freedoms of the
• Equality regardless of origin
• Equality regardless of race individual, subject to such qualifications as provided for in this Constitution.
c. All persons are equal before the law and are therefore entitled to the equal
protection of the law.
• Prohibition of slavery Article 12
No person shall be held in slavery or forced labor within the Republic, nor shall any
citizen of Liberia nor any person resident therein deal in slaves or subject any other
person to forced labor, debt bondage or peonage; but labor reasonably required in
consequence of a court sentence or order conforming to acceptable labor standards,
service in the military, work or service which forms part of normal civil obligations or
service exacted in cases of emergency or calamity threatening the life or well-being
of the community shall not be deemed forced labor.
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Article 13
• Freedom of movement a. Every person lawfully within the Republic shall have the right to move freely
throughout Liberia, to reside in any part thereof and to leave therefrom subject
however to the safeguarding of public security, public order, public health or
morals or the rights and freedoms of others.
• Power to deport citizens b. Every Liberian Citizen shall have the right to leave and to enter Liberia at any
• Extradition procedure
time. Liberian citizens and non-Liberian residents may be extradited to foreign
country for prosecution of a criminal offense in accordance with the provisions
of an extradition treaty or other reciprocal international agreements in force.
Non-Liberian residents may be expelled from the Republic of Liberia for cause.
• Freedom of religion
• Official religion
Article 14
• Freedom of opinion/thought/conscience
• Separation of church and state
All persons shall be entitled to freedom of thought, conscience and religion and no
person shall be hindered in the enjoyment thereof except as may be required by law
to protect public safety, order, health, or morals or the fundamental rights and
freedoms of others. All persons who, in the practice of their religion, conduct
themselves peaceably, not obstructing others and conforming to the standards set
out herein, shall be entitled to the protection of the law. No religious denomination
or sect shall have any exclusive privilege or preference over any other, but all shall
be treated alike; and no religious tests shall be required for any civil or military office
or for the exercise of any civil right. Consistent with the principle of separation of
religion and state, the Republic shall establish no state religion.
• Freedom of expression Article 15
a. Every person shall have the right to freedom of expression, being fully
responsible for the abuse thereof. This right shall not be curtailed, restricted or
enjoined by government save during an emergency declared in accordance with
this Constitution.
• Right to academic freedom b. The right encompasses the right to hold opinions without interference and the
right to knowledge. It includes freedom of speech and of the press, academic
freedom to receive and impart knowledge and information and the right of
libraries to make such knowledge available. It includes non-interference with
the use of the mail, telephone and telegraph. It likewise includes the right to
remain silent.
c. In pursuance of this right, there shall be no limitation on the public right to be
informed about the government and its functionaries.
• State operation of the media d. Access to state owned media shall not be denied because of any disagreement
with or dislike of the ideas express. Denial of such access may be challenged in a
court of competent jurisdiction.
e. This freedom may be limited only by judicial action in proceedings grounded in
defamation or invasion of the rights of privacy and publicity or in the commercial
aspect of expression in deception, false advertising and copyright infringement.
• Right to privacy Article 16
No person shall be subjected to interference with his privacy of person, family, home
or correspondence except by order of a court of competent jurisdiction.
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• Freedom of assembly
• Freedom of association
Article 17
• Right to join trade unions
• Right of petition
• Freedom of press All persons, at all times, in an orderly and peaceable manner, shall have the right to
assemble and consult upon the common good, to instruct their representatives, to
petition the Government or other functionaries for the redress of grievances and to
associate fully with others or refuse to associate in political parties, trade unions and
other organizations.
• Right to equal pay for work Article 18
All Liberian citizens shall have equal opportunity for work and employment
regardless of sex, creed, religion, ethnic background, place of origin or political
affiliation, and all shall be entitled to equal pay for equal work.
• Establishment of military courts Article 19
No person other than members of the Armed Forces of Liberia or of the militia in
active service shall be subject to military law, or made to suffer any pains or penalties
by virtue of that law, or be tried by courts-martial.
Article 20
• Guarantee of due process a. No person shall be deprived of life, liberty, security of the person, property,
• Jury trials required
privilege or any other right except as the outcome of a hearing judgment
consistent with the provisions laid down in this Constitution and in accordance
with due process of law. Justice shall be done without sale, denial or delay; and
in all cases not arising in courts not of record, under courts-martial and upon
impeachment, the parties shall have the right to trial by jury.
• Right to appeal judicial decisions b. The right of an appeal from a judgment, decree, decision or ruling of any court or
administrative board or agency, except the Supreme Court, shall be held
inviolable. The legislature shall prescribe rules and procedures for the easy,
expeditious and inexpensive filing and hearing of an appeal.
• Inalienable rights Article 21
• Protection from ex post facto laws a. No person shall be made subject to any law or punishment which was not in
effect at the time of commission of an offense, nor shall the Legislature enact
any bill of attainder or ex post facto law.
• Regulation of evidence collection b. No person shall be subject to search or seizure of his person or property,
whether on a criminal charge or for any other purpose, unless upon warrant
lawfully issued upon probable cause supported by a solemn oath or affirmation,
specifically identifying the person or place to be searched and stating the object
of the search; provided, however, that a search or seizure shall be permissible
without a search warrant where the arresting authorities act during the
commission of a crime or in hot pursuit of a person who has committed a crime.
• Right to counsel c. Every person suspected or accused of committing a crime shall immediately
• Regulation of evidence collection
• Protection from self-incrimination upon arrest be informed in detail of the charges, of the right to remain silent and
of the fact that any statement made could be used against him in a court of law.
Such person shall be entitled to counsel at every stage of the investigation and
shall have the right not to be interrogated except in the presence of counsel. Any
admission or other statements made by the accused in the absence of such
counsel shall be deemed inadmissible as evidence in a court of law.
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• Right to pre-trial release d. i. All accused persons shall be bailable upon their personal recognizance or by
sufficient sureties, depending upon the gravity of the charge, unless charged for
capital offenses or grave offenses as defined by law.
• Right to pre-trial release ii. Excessive bail shall not be required, nor excessive fines imposed, nor excessive
punishment inflicted.
• Prohibition of cruel treatment e. No person charged, arrested, restricted, detained or otherwise held in
• Prohibition of torture
confinement shall be subject to torture or inhumane treatment; nor shall any
person except military personnel, be kept or confined in any military facility; nor
shall any person be seized and kept among convicted prisoners or treated as a
convict, unless such person first shall have been convicted of a crime in court of
competent jurisdiction. The Legislature shall make it a criminal offense and
provide for appropriate penalties against any police or security officer,
prosecutor, administrator or any other public or security officer, prosecutor,
administrator or any other public official acting in contravention of this
provision; and any person so damaged by the conduct of any such public official
shall have a civil remedy therefor, exclusive of any criminal penalties imposed.
• Right to speedy trial f. Every person arrested or detained shall be formally charged and presented
before a court of competent jurisdiction within forty-eight hours. Should the
court determine the existence of a prima facie case against the accused, it shall
issue a formal writ of arrest setting out the charge or charges and shall provide
for a speedy trial. There shall be no preventive detention.
• Protection from unjustified restraint g. The right to the writ of habeas corpus, being essential to the protection of
human rights, shall be guaranteed at all times, and any person arrested or
detained and not presented to court within the period specified may in
consequence exercise this right.
• Prohibition of double jeopardy h. No person shall be held to answer for a capital or infamous crime except in cases
• Right to examine evidence/witnesses
• Right to fair trial of impeachment, cases arising in the Armed Forces and petty offenses, unless
• Presumption of innocence in trials
• Right to public trial upon indictment by Grand Jury; and in all such cases, the accused shall have the
right to a speedy, public and impartial trial by a jury of the vicinity, unless such
person shall, with appropriate understanding, expressly waive the right to a jury
trial. In all criminal cases, the accused shall have the right to be represented by
counsel of his choice, to confront witnesses against him and to have compulsory
process for obtaining witnesses in his favor. He shall not be compelled to furnish
evidence against himself and he shall be presumed innocent until the contrary is
proved beyond a reasonable doubt. No person shall be subject to double
jeopardy.
• Right to counsel i. The right to counsel and the rights of counsel shall be inviolable. There shall be
no interference with the lawyer-client relationship. In all trials, hearings,
interrogatories and other proceedings where a person is accused of a criminal
offense, the accused shall have the right to counsel of his choice; and where the
accused is unable to secure such representation, the Republic shall make
available legal aid services to ensure the protection of his rights. There shall be
absolute immunity from any government sanctions or interference in the
performance of legal services as a counselor or advocate; lawyers' offices and
homes shall not be searched or papers examined or taken save pursuant to a
search warrant and court order; and no lawyer shall be prevented from or
punished for providing legal services, regardless of the charges against or the
guilt of his client, no lawyer shall be barred from practice for political reasons.
k. Any person who, upon conviction of a criminal offense, was deprived of the
enjoyment of his civil rights and liberties, shall have the same automatically
restored upon serving the sentence and satisfying any other penalty imposed, or
upon an executive pardon.
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Article 22
• Right to own property a. Every person shall have the right to own property alone as well as in association
with others; provided that only Liberian citizens shall have the right to own real
property within the Republic.
• Ownership of natural resources b. Private property rights, however, shall not extend to any mineral resources on
or beneath any land or to any lands under the seas and waterways of the
Republic. All mineral resources in and under the seas and other waterways shall
belong to the Republic and be used by and for the entire Republic.
c. Non-citizen missionary, educational and other benevolent institutions shall have
the right to own property, as long as that property is used for the purposes for
which acquired; property no longer so used shall escheat to the Republic.
d. The Republic may, on the basis of reciprocity, convey to a foreign government
property to be used perpetually for its diplomatic activities. This land shall not
be transferred or otherwise conveyed to any other party or used for any other
purpose, except upon the expressed permission of the Government of Liberia.
All property so conveyed may escheat to the Republic in the event of a cessation
of diplomatic relations.
Article 23
a. The property which a person possesses at the time of marriage or which may
afterwards be acquired as a result of one's own labors shall not be held for or
otherwise applied to the liquidation of the debts or other obligations of the
spouse, whether contracted before or after marriage; nor shall the property
which by law is to be secured to a man or a woman be alienated or be controlled
by that person's spouse save by free and voluntary consent.
• Provision for civil marriage b. The Legislature shall enact laws to govern the devolution of estates and
• Right to transfer property
establish rights of inheritance and descent for spouses of both statutory and
customary marriages so as to give adequate protection to surviving spouses and
children of such marriages.
Article 24
• Protection from expropriation a. While the inviolability of private property shall be guaranteed by the Republic,
expropriation may be authorized for the security of the nation in the event of
armed conflict or where the public health and safety are endangered or for any
other public purposes, provided:
i. that reasons for such expropriation are given;
ii. that there is prompt payment of just compensation;
iii. that such expropriation or the compensation offered may be challenged
freely by the owner of the property in a court of law with no penalty for
having brought such action; and
iv. that when property taken for public use ceases to be so used, the Republic
shall accord the former owner or those entitled to the property through
such owner, the right of first refusal to reacquire the property.
b. All real property held by a person whose certificate of naturalization has been
cancelled shall escheat to the Republic unless such person shall have a spouse
and/or lineal heirs who are Liberian citizens, in which case the real property shall
be transferred to them in accordance with the intestacy law.
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c. The power of the Legislature to provide punishment for treason or other crimes
shall not include a deprivation or forfeiture of the right of inheritance, although
its enjoyment by the convicted person shall be postponed during a term of
imprisonment judicially imposed; provided that if the convicted person has
minor children and a spouse, the spouse or next of kin in the order of priority
shall administer the same. No punishment shall preclude the inheritance,
enjoyment or forfeiture by others entitled thereto of any property which the
convicted person at the time of conviction or subsequent thereto may have
possessed.
Article 25
Obligation of contract shall be guaranteed by the Republic and no laws shall be
passed which might impair this right.
• Ultra-vires administrative actions Article 26
Where any person or any association alleges that any of the rights granted under this
Constitution or any legislation or directives are constitutionally contravened, that
person or association may invoke the privilege and benefit of court direction, order
or writ, including a judgment of unconstitutionality; and anyone injured by an act of
the Government or any person acting under its authority, whether in property,
contract, tort or otherwise, shall have the right to bring suit for appropriate redress.
All such suits brought against the Government shall originate in a Claims Court;
appeals from judgment of the Claims Court shall lie directly to the Supreme Court.
Chapter IV: Citizenship
• Requirements for birthright citizenship Article 27
a. All persons who, on the coming into force of this Constitution were lawfully
citizens of Liberia shall continue to be Liberian citizens.
• Requirements for naturalization b. In order to preserve, foster and maintain the positive Liberian culture, values
and character, only persons who are Negroes or of Negro descent shall qualify
by birth or by naturalization to be citizens of Liberia.
• Requirements for naturalization c. The Legislature shall, adhering to the above standard, prescribe such other
qualification criteria for the procedures by which naturalization may be
obtained.
• Requirements for birthright citizenship
• Right to renounce citizenship
Article 28
• Conditions for revoking citizenship
• Requirements for naturalization
Any person, at least one of whose parents was a citizen of Liberia at the time of the
Person's birth, shall be a citizen of Liberia; provided that any such person shall upon
reaching maturity renounce any other citizenship acquired by virtue of one parent
being a citizen of another country. No citizen of the Republic shall be deprived of
citizenship or nationality except as provided by law; and no person shall be denied
the right to change citizenship or nationality.
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Chapter V: The Legislature
• Structure of legislative chamber(s)
• Initiation of general legislation
Article 29
The legislative power of the Republic shall be vested in the Legislature of Liberia
which shall consist of two separate houses: A Senate and a House of
Representatives, both of which must pass on all legislation. The enacting style shall
be: "It is enacted by the Senate and House of Representatives of the Republic of
Liberia in Legislature assembled."
• Eligibility for first chamber
• Eligibility for second chamber
Article 30
Citizens of Liberia who meet the following qualifications are eligible to become
members of the Legislature.
• Minimum age for first chamber a. for the Senate, have attained the age of 30 years and for the House of
• Minimum age for second chamber
Representatives, have attained the age of 25 years;
b. be domiciled in the country or constituency to be represented not less than
one year prior to the time of the election and be a taxpayer.
• Oaths to abide by constitution Article 31
Each member of the Legislature, before taking his seat and entering upon the duties
of office, shall take and subscribe to a solemn oath of affirmation, before the
presiding officer of the House to which such person was elected and in the presence
of other members of that House, to uphold and defend the Constitution and laws of
the Republic and to discharge faithfully the duties of such office.
Article 32
a. The Legislature shall assemble in regular session once a year on the second
working Monday in January.
• Extraordinary legislative sessions b. The President shall, on his own initiative or upon receipt of a certificate signed
by at least one-fourth of the total membership of each House, and by
proclamation, extend a regular session of the Legislature beyond the date for
adjournment or call a special extraordinary session of that body to discuss or act
upon matters of national emergency and concern. When the extension or call is
at the request of the Legislature, the proclamation shall be issued not later than
forty-eight hours after receipt of the certificate by the President.
• Joint meetings of legislative chambers
• Quorum for legislative sessions
Article 33
Simple majority of each House shall constitute a quorum for the transaction of
business, but a lower number may adjourn from day to day and compel the
attendance of absent members. Whenever the House of Representatives and the
Senate shall meet in joint session, the presiding officer of the House of
Representatives shall preside.
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• Division of labor between chambers Article 34
The Legislature shall have the power:
a. to create new counties and other political sub-division, and readjust
existing county boundaries;
b. to provide for the security of the Republic;
• Power to declare/approve war c. to provide for the common defense, to declare war and authorize the
Executive to conclude peace; to raise and support the Armed Forces of the
Republic, and to make appropriations therefor provided that no
appropriation of money for that use shall be for a longer term than on year;
and to make rules for the governance of the Armed Forces of the Republic;
• First chamber reserved policy areas d. to levy taxes, duties, imports, exercise and other revenues, to borrow
• Tax bills
money, issue currency, mint coins, and to make appropriations for the fiscal
governance of the Republic, subject to the following qualifications:
i. all revenue bills, whether subsidies, charges, imports, duties or taxes,
and other financial bills, shall originate in the House of
Representatives, but the Senate may propose or concur with
amendments as on other bills. No other financial charge shall be
established, fixed, laid or levied on any individual, community or
locality under any pretext whatsoever except by the expressed
consent of the individual, community or locality. In all such cases, a true
and correct account of funds collected shall be made to the community
or locality;
ii. no monies shall be drawn from the treasure except in consequence of
appropriations made by legislative enactment and upon warrant of the
President; and no coin shall be minted or national currency issued
except by the expressed authority of the Legislature. An annual
statement and account of the expenditure of all public monies shall be
submitted by the office of the President to the Legislature and
published once a year;
• Finance bills iii. no loans shall be raised by the Government on behalf of the Republic
or guarantees given for any public institutions or authority otherwise
than by or under the authority of a legislative enactment;
e. to constitute courts inferior to the Supreme Court, including circuit courts,
claims courts and such courts with prescribed jurisdictional powers as may
be deemed necessary for the proper administration of justice throughout
the Republic;
• Treaty ratification f. to approve treaties, conventions and such other international agreements
negotiated or signed on behalf of the Republic;
g. to regulate trade and commence between Liberia and other nations;
h. to establish laws for citizenship, naturalization and residence;
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i. to enact the election laws;
k. to establish various categories of criminal offenses and provide for the
punishment thereof;
l. to enact laws providing pension scheme for various categories of
government officials and employees in accordance with age and tenure of
service; and
m. to make other laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this
Constitution in the Government of the Republic, or in any department or
officer thereof.
• Finance bills
• Approval of general legislation
Article 35
• Tax bills
• Veto override procedure 1. Each bill or resolution which shall have passed both Houses of the Legislature
shall, before it becomes law, be laid before the President for his approval. If he
grants approval, it shall become law. If the President does not approve such bill
or resolution, he shall return it, with his objections, to the House in which it
originated. In so doing, the President may disapprove of the entire bill or
resolution or any item or items thereof. This veto may be overridden by the
re-passage of such bill, resolution or item thereof by a veto of two-thirds of the
members in each House, in which case it shall become law. If the President does
not return the bill or resolution within twenty days after the same shall have
been laid before him it shall become law in like manner as if he had signed it,
unless the Legislature by adjournment prevents its return.
2. No bill or resolution shall embrace more than one subject which shall be
expressed in its title.
• Compensation of legislators Article 36
The Senators and Representatives shall receive from the Republic remuneration for
their services to be fixed by law, provided that any increase shall become effective at
the beginning of the next fiscal year.
• Electoral commission
• Replacement of legislators
Article 37
• Removal of individual legislators
In the event of a vacancy in the Legislature caused by death, resignation, expulsion or
otherwise, the presiding officer shall within 30 days notify the Elections Commission
thereof. The Elections Commission shall not later than 90 days thereafter cause a by
election to be held; provided that where such vacancy occurs within 90 days prior to
the holding of general elections, the filling of the vacancy shall await the holding of
such general elections.
• Legislative committees
• Removal of individual legislators
Article 38
Each House shall adopt its own rules of procedure, enforce order and with the
concurrence of two-thirds of the entire membership, may expel a member for cause.
Each House shall establish its own committees and sub-committees; provided,
however, that the committees on revenues and appropriations shall consist of one
member from each County. All rules adopted by the Legislature shall conform to the
requirements of due process of law laid down in this Constitution.
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• Census Article 39
The Legislature shall cause a census of the Republic to be undertaken every ten
years.
Article 40
Neither House shall adjourn for more than five days without the consent of the other
and both Houses shall always sit in the same city.
• Official or national languages Article 41
The business of the Legislature shall be concluded in the English language or, when
adequate preparations shall have been made, in one more of the languages of the
Republic as the Legislature may by resolution approve.
• Immunity of legislators Article 42
No member of the Senate or House of Representatives shall be arrested, detained,
prosecuted or tried as a result of opinions expressed or votes cast in the exercise of
the functions of his office. Members shall be privileged from arrest while attending,
going to or returning from sessions of the Legislature, except for treason, felony or
breach of the peace. All official acts done or performed and all statement made in the
Chambers of the Legislature shall be privileged, and no Legislator shall be held
accountable or punished therefor.
• Head of state removal
• Supreme/ordinary court judge removal
Article 43
• Structure of the courts
• First chamber reserved policy areas
• Supreme court powers The power to prepare a bill of impeachment is vested solely in the House of
• Second chamber reserved policy areas
Representatives, and the power to try all impeachments is vested solely in the
Senate. When the President, Vice President or an Associate Justice is to be tried, the
Chief Justice shall preside; when the Chief Justice or a judge of a subordinate court
of record is to be tried, the President of the Senate shall preside. No person shall be
impeached but by the concurrence of two-thirds of the total membership of the
Senate. Judgements in such cases shall not extend beyond removal from office and
disqualification to hold public office in the Republic; but the party may be tried at law
for the same offense. The Legislature shall prescribe the procedure for impeachment
proceedings which shall be in conformity with the requirements of due process of
law.
Article 44
Contempt of the Legislature shall consist of actions which obstruct the legislative
functions or which obstruct or impede members or officers of the Legislature in the
discharge of their legislative duties and may be punished by the House concerned by
reasonable sanctions after a hearing consistent with due process of law. No
sanctions shall extend beyond the session of the Legislature wherein it is imposed,
and any sanction imposed shall conform to the provisions on Fundamental Rights
laid down in the Constitution. Disputes between legislators and non-members which
are properly cognizable in the courts shall not be entertained or heard in the
Legislature.
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• First chamber selection
• Second chamber selection
Article 45
• Term length of second chamber
The Senate shall composed of Senators elected for a term of nine years by the
registered voters in each of the counties, but a Senator elected in a by-election to fill
a vacancy created by death, resignation, expulsion or otherwise, shall be so elected
to serve only the remainder of the unexpired term of office. Each county shall elect
two Senators and each Senator shall have one vote in the Senate. Senators shall be
eligible for re-election.
Article 46
Immediately after the Senate shall have assembled following the elections prior to
the coming into force of this Constitution, the Senators shall be divided into two
categories as a result of the votes cast in each county. The Senator with the higher
votes cast shall be the Senator from a county shall be placed in the same category.
The seats of Senators of the first category shall be vacated at the expiration of the
ninth year. In the interest of legislative continuity, the Senators of the second
category shall serve a first term of six years only, after the first elections. Thereafter,
all Senators shall be elected to serve a term of nine years.
Article 47
The Senate shall elect once every six years a President Pro Tempore who shall
preside in the absence of the President of the Senate, and such shall officers as shall
ensure the proper functioning of the Senate. The President Pro Tempore and other
officers so elected may be removed from office for cause by resolution of a
two-theirs majority of the members of the Senate.
• First chamber selection
• Term length for first chamber
Article 48
• Second chamber selection
The House of Representatives shall be composed of members elected for a term of
six years by the registered voters in each of the legislative constituencies of the
counties, but a member of the House of Representatives elected in a by-election to
fill a vacancy created by death, resignation or otherwise, shall be elected to serve
only the remainder of the unexpired term of the office. Members of the House of
Representatives shall be eligible for re-election.
• Leader of first chamber Article 49
The House of Representative shall elect once every six years a Speaker who shall be
the presiding officer of that body, a Deputy Speaker, and such other officers as shall
ensure the proper functioning of the House. The speaker, the Deputy Speaker and
other officers so elected may be removed from office for cause by resolution of a
two-thirds majority of the members of the House.
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Chapter IV: The Executive
• Designation of commander in chief
• Name/structure of executive(s)
Article 50
• Head of state selection
• Head of state term length
• Head of state term limits The Executive Power of the Republic shall be vested in the President who shall be
• Claim of universal suffrage
Head of State, Head of Government and Commander-in-Chief of the Armed Forces
of Liberia. The president shall be elected by universal adult suffrage of registered
voters in the Republic and shall hold office for a term of six years commencing at
noon on the third working Monday in January of the year immediately following the
elections. No person shall serve as President for more than two terms.
• Deputy executive
• Leader of second chamber
Article 51
There shall be a Vice-President who shall assist the President in the discharge of his
functions. The Vice-President shall be elected on the same political ticket and shall
serve the same term as the President. The Vice-President shall be President of the
Senate and preside over its deliberations without the right to vote, except in the case
of a tie vote. He shall attend meetings of the cabinet and other governmental
meetings and shall perform such functions as the President shall delegate or deem
appropriate; provided that no powers specifically vested in the President by the
provisions of this Constitution shall be delegated to the Vice-President.
Article 52
No person shall be eligible to hold the office of President or Vice-President, unless
that person is:
• Minimum age of head of state a. a natural born Liberian citizen of not less than 35 years of age;
• Eligibility for head of state
• Eligibility for head of state b. the owner of unencumbered real property valued at not less than
twenty-five thousand dollars; and
• Eligibility for head of state c. resident in the Republic ten years prior to his election, provided that the
President and the Vice-President shall not come from the same County.
Article 53
• Joint meetings of legislative chambers a. The President and the Vice-President shall, before entering on the execution of
• Oaths to abide by constitution
the duties of their respective offices, take a solemn oath or affirmation to
preserve, protect and defend the Constitution and laws of the Republic and
faithfully execute the duties of the office. The oath or affirmation shall be
administered in joint convention of both Houses of the Legislature by the Chief
Justice or, in his absence, the most senior Associate Justice.
b. In an emergency where the Chief Justice and the Associate Justice are not
available, such oath or affirmation shall be administered by a judge of a
subordinate court of record.
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• Establishment of cabinet/ministers
• Supreme court selection
Article 54
The President shall nominate and, with the consent of the Senate, appoint and
commission--
• Cabinet selection a. cabinet ministers, deputy and assistant cabinet ministers;
b. ambassadors, ministers, consuls; and
c. the Chief Justice and Associate Justice of the Supreme Court and judges of
subordinate courts;
d. superintendents, other county officials and officials of other political
sub-divisions;
• Selection of active-duty commanders e. members of the military from the rank of lieutenant of its equivalent and
above; and
f. marshals, deputy marshals, and sheriffs.
Article 55
The President shall appoint and commission Notaries Public and Justices of the
Peace who shall hold office for a term of two years but may be removed by the
President for cause. They shall be eligible for appointment.
Article 56
• Cabinet removal a. All cabinet ministers, deputy and assistant cabinet ministers, ambassadors,
• Selection of active-duty commanders
ministers and consuls, superintendents of counties and other government
officials, both military and civilian, appointed by the President pursuant to this
Constitution shall hold their offices at the pleasure of the President.
• Municipal government b. There shall be elections of Paramount, Clan and Town Chiefs by the registered
voters in their respective localities, to serve for a term of six years. They may be
re-elected and may be removed only by the President for proved misconduct.
The Legislature shall enact laws to provide for their qualifications as may be
required.
• Foreign affairs representative
• Treaty ratification
Article 57
The President shall have the power to conduct the foreign affairs of the Republic and
in that connection he is empowered to conclude treaties, conventions and similar
international agreements with the concurrence of a majority of each House of the
Legislature.
• Legislative oversight of the executive Article 58
The President shall, on the fourth working Monday in January of each year, present
the administration's legislative program for the ensuing session, and shall once a
year report to the Legislature on the state of the Republic. In presenting the
economic condition of the Republic the report shall cover expenditure as well as
income.
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• Power to pardon Article 59
The President may remit any public forfeitures and penalties suspend and fines and
sentences, grant reprieves and pardons, and restore civil rights after conviction for
all public offenses, except impeachment.
Article 60
The President and the Vice-President shall receive salaries which shall be
determined by the Legislature and be paid by the Republic. Such salaries shall be
subject to taxes as defined by law and shall neither be increased nor diminished
during the period for which the President and the Vice-President shall have elected.
• Head of state immunity Article 61
The President shall be immune from any suits, actions or proceedings, judicial or
otherwise, and from arrest, detention or other actions on account of any act done by
him while President of Liberia pursuant to any provision of this Constitution or any
other laws of the Republic. The President shall not, however, be immune from
prosecution upon removal from office for the commission of any criminal act done
while President.
• Head of state removal Article 62
The President and the Vice-President may be removed from office by impeachment
for treason, bribery and other felonies, violation of the Constitution or gross
misconduct.
• Head of state replacement Article 63
a. Whenever a person elected to the office of President dies or is otherwise
incapacitated before being inaugurated into office, the Vice--President elected
shall succeed to the office of President, and this accession shall commence a
term.
• Head of state removal b. Whenever the office of the President shall become vacant by reason of death,
resignation, impeachment, or the President shall be declared incapable of
carrying out the duties and functions of his office, the Vice-President shall
succeed to the of the President to complete the unexpired term. In such a case,
this not constitute a term.
c. The Legislature shall, no later than one year after the coming into force of this
Constitution, prescribe the guidelines and determine the procedure under
which the President, by reason of illness, shall be declared incapable of carrying
out the functions of his office.
d. Whenever the office of the Vice-President becomes vacant by reason of death,
resignation, impeachment, inability or otherwise, the President shall, without
delay, nominate a candidate who, with the concurrence of both Houses of the
Legislature, shall be sworn in and hold office as Vice-President until the next
general elections are held. Whenever the Vice-President elect dies, resigns, or is
incapacitated before being inaugurated, the President elected on the same
ticket with him, shall, after being inaugurated into office, nominate without
delay a candidate who, with the concurrence of both Houses of the Legislature,
shall be sworn in an hold office as Vice-President until the next general elections
are held.
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• Head of state replacement Article 64
Whenever the office of the President and of the Vice-President shall become vacant
by reason of removal, death, resignation, inability or other disability of the President
and Vice-President, the Speaker of the House of Representatives shall be sworn in as
Acting President until the holding of elections to fill the vacancies so created. Should
the Speaker be legally incapable or otherwise unable to assume the office of Acting
President, then the same shall devolve in order upon the Deputy speaker and
members of the Cabinet in the order of precedence as established by law. The
Elections Commission shall within ninety days conduct elections for a new President
and a new Vice-President.
Chapter VII: The Judiciary
• Judicial precedence
• Structure of the courts
Article 65
The Judicial Power of the Republic shall be vested in a Supreme Court and such
subordinate courts as the legislature may from time to time establish. The courts
shall apply both statutory and customary laws in accordance with the standards
enacted by the Legislature. Judgements of the Supreme Court shall be final and
binding and shall not be subject to appeal or review by any other branch of
Government. Nothing in this Article shall prohibit administrative consideration of
the Justiciable matter prior to review by a court of competent jurisdiction.
• Constitutional interpretation
• Structure of the courts
Article 66
The Supreme Court shall be final arbiter of constitutional issues and shall exercise
final appellate jurisdiction in all cases whether emanating from courts of record,
courts not of record, administrative agencies, autonomous agencies or any other
authority, both as to law and fact except cases involving ambassadors, ministers, or
cases in which a country is a party. In all such cases, the Supreme Court shall exercise
original jurisdiction. The Legislature shall make no law nor create any exceptions as
would deprive the Supreme Court of any of the powers granted herein.
Article 67
The Supreme Court shall comprise of one Chief Justice and four Associate Justice, a
majority of whom shall be deemed competent to transact the business of the Court.
It a quorum is not obtained to enable the Court to hear any case, a circuit judge in the
order of seniority shall sit as an ad hoc justice of the Supreme Court.
• Eligibility for supreme court judges
• Supreme court selection
Article 68
The Chief Justice and Associate Justice of the Supreme Court shall, with the consent
of the Senate, be appointed and commissioned by the President; provided that any
person so appointed shall be:
a. a citizen of Liberia and of good moral character; and
b. a counselor of the Supreme Court Bar who has practiced for at least 5
years.
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• Ordinary court selection Article 69
The judges of subordinate courts of record shall, with the consent of the Senate, be
appointed and commissioned by the President, provided that any person so
appointed shall be:
a. a citizen of Liberia and of good moral character; and
b. an Attorney-at-Law whom has practiced for at least 3 years, or a counselor
of the Supreme Court Bar.
• Oaths to abide by constitution Article 70
The Chief Justice and the Associate Justices of the Supreme Court and all judges of
subordinate courts shall, before assuming the functions of their office, subscribe to a
solemn oath or affirmation to discharge faithfully and impartially the duties and
functions of their office and to preserve, protect and defend the Constitution and
laws of the Republic. The oath or affirmation shall be administered by the president
or his designee.
• Supreme court term length
• Supreme/ordinary court judge removal
Article 71
The Chief Justice and Associates Justices of the Supreme Court and the judges of
subordinate courts of record shall hold office during good behavior. They may be
removed upon impeachment and conviction by the Legislature based on proved
misconduct, gross breach of duty, inability to perform the functions of their office, or
conviction in a court of law for treason, bribery or other infamous crimes.
Article 72
• Protection of judges' salaries a. The Justices of the Supreme Court and all other judges shall receive such
salaries, allowances and benefits as shall be established by law. Such salaries
shall be subject to taxes as defined by law, provided that they shall not
otherwise be diminished. Allowances and benefits paid to Justices of the
Supreme Court and judges of subordinate courts may by law be increased but
may not be diminished except under a national program enacted by the
Legislature; nor shall such allowance and benefits be subject to taxation.
• Mandatory retirement age for judges b. The Chief Justice and the Associate Justices of the Supreme Court and judges of
subordinate courts of record shall be retired at the age of seventy; provided,
however, that a justice of judge who has attained that age may continue in office
for as long as may be necessary to enable him to render judgement or perform
any other judicial duty in regard to proceedings entertained by him before the
attained that age.
Article 73
No judicial official shall be summoned, arrested, detained, prosecuted or tried civilly
or criminally by or at the instance of any person or authority on account of judicial
opinions rendered or expressed, judicial statements made and judicial acts done in
the course of a trial in open court or in chambers, except for treason or other
felonies, misdemeanor or breach of the peace. Statements made and acts done by
such officials in the course of a judicial proceeding shall be privileged, and, subject to
the above qualification, no such statement made or acts done shall be admissible into
evidence against them at any trial or proceeding.
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Article 74
In all matters of contempt of court, whether in the Supreme Court or in other courts,
the penalties to be imposed shall be fixed by the Legislature and shall conform to the
provision on Fundamental Rights laid down in this Constitution.
Article 75
The Supreme Court shall from time to time make rules of court for the purpose of
regulating the practice, procedures and manner by which cases shall be commenced
and heard before it and all other subordinate courts. It shall prescribe such code of
conduct for lawyers appearing before it and all other subordinate courts as may be
necessary to facilitate the proper discharge of the court's functions. Such rules and
code, however, shall not contravene any statutory provisions or any provisions of
this Constitution.
Article 76
a. Treason against the Republic shall consist of:
1. levying war against the Republic;
2. aligning oneself with or aiding and abetting another nation or people with
whom Liberia is at war or in a state of war;
3. acts of espionage for an enemy state;
4. attempting by overt act to overthrow the Government, rebellion against
the Republic, insurrection and mutiny; and
5. abrogating or attempting to abrogate, subverting or attempting or
conspiring to subvert the Constitution by use of force or show of force or
any other means which attempts to undermine this Constitution.
b. The Legislature shall have the power to declare the punishment for treason;
provided, however, that such punishment shall not include a deprivation or
forfeiture of the right of inheritance by the convicted person of any property
although he may not be entitled to enjoyment thereof for as long as he continues
to serve the term of imprisonment imposed after conviction in a court of
competent jurisdiction. The right to enjoyment of any property inherited or
otherwise conveyed to or acquired by such convicted person shall be
automatically restored upon serving the term of imprisonment or other
punishment, or upon an executive pardon by the President. No punishment shall
preclude the inheritance and enjoyment, or cause the forfeiture by others
entitled thereto, of any property which the convicted person at the time of any
conviction or subsequent thereto may have possessed or been seized.
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Chapter VIII: Political Parties and Elections
Article 77
• Right to form political parties a. Since the essence of democracy is free competition of ideas expressed by
political parties and political groups as well as by individuals, parties may freely
be established to advocate the political opinions of the people. Laws,
regulations, decrees or measures which might have the effect of creating a
one-party state shall be declared unconstitutional.
• Secret ballot b. All elections shall be by secret ballot as may be determined by the Elections
• Restrictions on political parties
• Restrictions on voting Commission, and every Liberian citizen not less than 18 years of age, shall have
the right to be registered as a voter and to vote in public elections and referenda
under this Constitution. The Legislature shall enact laws indicating the category
of Liberians who shall not form or become members of political parties.
Article 78
As used in this Chapter, unless the context otherwise requires, an "association"
means a body of persons, corporate or other, which acts together for a common
purpose, and includes a group of people organized for any ethnic, social, cultural,
occupational or religious objectives; a "political party" shall be an association with a
membership of not less than five hundred qualified voters in each of at least six
counties, whose activities include canvassing for votes on any public issue or in
support of a candidate for elective public office; and an "independent candidate"
shall be a person seeking electoral post or office with or without his own
organization, acting independently of a political party.
Article 79
No association, by whatever name called, shall function as a political party, nor shall
any citizen be an independent candidate for election to public office, unless:
• Electoral commission a. the association or independent candidate and his organization meet the
• Restrictions on political parties
• Regulation of political parties minimum registration requirements laid down by the Elections Commission
• Supreme court powers
and are registered with it. Registration requirements shall include filing
with the Elections Commission a copy of the constitution of the association
and guidelines of the independent candidate and his organization, a
detailed statement of the names and addresses of the association and its
officers or of the independent candidate and the officers of his
organization, and fulfillment of the provision of sub-sections (b), (c), (d) and
(e) hereof. Registration by the Elections Commission of any association or
independent candidate and his organization shall vest in the entity or
candidate and his organization so registered legal personality, with the
capacity to own property, real, personal or mixed, to sue and be sued and to
hold accounts. A denial of registration or failure by the Elections
Commission to register any applicant may be challenged by the applicant in
the Supreme Court;
b. the membership of the association or the independent candidate's
organization is open to every citizen of Liberia, irrespective of sex, religion
or ethnic background, except as otherwise provided in this Constitution.
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